How to Obtain a US Passport for a Child Under 16 When One Parent Does Not Consent

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Jon Vincent Forehand

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Family Law Attorney - Moultrie, GA

Contributor Level 12

Posted almost 6 years ago. 8 helpful votes

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How to Obtain a US Passport for a Child Under 16 When One Parent Does Not Consent including use of form DS-5525.

1

Complete the Application For a U.S. Passport

Complete Form DS-11.

2

Submit Evidence of U.S. Citizenship

Acceptable proof includes a certified copy of a birth certificate, Certificate of Citizenship or Naturalization.

3

Submit Evidence of Relationship and Parents' Identification

The parents or guardians of the child must submit proof of relationship such as certified copy of birth certificate, Court Order or Adoption Decree. The parents or guardians must also have acceptable personal identification.

4

Provide proof of Parental Consent

Generally, both parents must provide consent in order for a passport to be issued to a minor under 16 years old. However, there are several ways to avoid having both parents consent. If a parent has been awarded sole custody, a certified copy of the custody order or Adoption Decree(single parent adoption) must be provided and the non-custodial parent's consent is not required. If the certified copy of the birth certificate lists only one parent , the other parent's consent is not required. If the other parent is deceased a certified copy of the death certificate may be provided. If the other parent has been legally declared incompetent, a copy of the Court Order is required.Finally, in other circumstances form DS-5525 may be submitted to establish why the consent of the other parent cannot be obtained.

Additional Resources

One additional method to obtain a child's passport without the other parent's consent is found under the provisions of Federal Regulation 22 CFR 51.28 (a) (3) (ii) (E) which permits a Trial Court to issue an order permitting a parent to obtain a passport without the other party's written consent. See also, Ansell v. Ansell, 328 Ga. App. 586, 759 S.E. 2d 912 (2014).

U.S. Department of State

DS-5525

22 CFR 51.28

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